Kropp v. Diamond K Markets, Inc.

This was a trial of the special issue of the separate defense of release.

Plaintiffs originally sued in the City Court of Yonkers for injuries they believed that Mrs. Kropp sustained as a result of defendant’s negligence, and for Mr. Kropp’s loss of services. Their information as to Mrs. Kropp’s injuries came from a duly licensed physician who examined and treated her.

This physician’s diagnosis was that Mrs. Kropp had sustained some contusions of the left thigh and some trouble with her left knee which he believed was traumatic arthritis. The physician did not consider either condition serious…